EVIDENCE-Continued.

Transcripts of justices' judgments, to be sufficient evidence to
bar a second action,

In suits against Indians, the consideration of the contract shall
be proved by two creditable witnesses,

294

225

Clerk's receipt for costs, to be evidence in a suit against the at-
torney, for neglect,

276

Writing on which suit is founded, to be received as evidence of
the debt,

283

Plaintiff need not prove assignment unless defendant accom-
panies his plea with an affidavit of forgery,

283-4

Private acts of assembly may be given in evidence, from the
printed statute-book, without being specially pleaded,
Interpreters may be sworn truly to interpret,

Certificates issued by registers of land offices, commissioners,
&c., to be received as evidence of title,
Laws of the United States, or of any state, may be proved by
certified copies from the secretary of state,
Certificate of postmaster may be evidence for the sheriff or
coroner, on motion against him by clerk of supreme court,
for not paying over costs collected,

284

283

ib.

ib.

258

Party may be witness in contracts under the acts against fraudu-
lent combinations at land sales,

111

Oaths of the parties may be taken before justices of the peace,
for sums not exceeding twenty dollars,

294

Parties may be witnesses in usurious contracts,

437

Persons exhibiting claims against insolvent estates, may be ex-
amined on oath respecting them,

153

On reference of accounts to master in chancery, parties may
swear to items not exceeding ten dollars,

289

How to prove condition of fence, on suit against the owner of
cattle committing trespass,

193

205

360

361

ib.

How to take down evidence in forcible entry and detainer,
Apportioner's certificate sufficient evidence against person re-
fusing to render list of hands to overseer of roads,
Overseer failing for ten days to notify clerk of nonacceptance,
presumed to have accepted,

Overseer's certificate sufficient evidence against defaulting hands,
Creditor may be subscribing witness to a will,

Legatee, if subscribing witness to a will, and it cannot be other-
wise established, shall forfeit his legacy, and be compellable
to give testimony,

EXCEPTIONS-See" Errors and Amendments.'

EXCEPTIONS, BILL OF-See "Errors and Appeals."

EXCEPTIONS, IN CHANCERY-See "Chancery."

EXCHANGE, BILL OF-See "Notes, Bills, Bonds," &c.

EXECUTIONS, FROM COURTS OF RECORD-See "Habere Facias

Possessionem."

On recovering judgment, plaintiff may have fi. fa., ca. sa., or
elegit, at his election within the year,

May issue on decrees of the orphans' court, on final settlement
of the accounts of executors, administrators, and guardians,
When the execution is returned "no property found," another
shall issue against the securities,

May be issued by the supreme court, for its own costs,
How to issue for enforcing a final decree in chancery, and the
proceedings thereon,

EXECUTIONS, FROM COURTS OF RECORD-Continued.

May issue for costs, or officers' fees, when not paid,
Shall issue for fines, forfeitures, and amercements,

May issue on supersedeas bonds, when supersedeas is set aside,
May issue on forthcoming or delivery bonds, when forfeited,
May issue on injunction bonds, when injunction is dissolved,
May issue on refunding bond given by defendant, on dissolution
of injunction, when injunction is made perpetual,
May issue on replevin bonds, and bonds for trial of the right
of property in attachment, when forfeited,
Executions, how issued, dated, and tested,

Issued in vacation, to bear teste on return-day of last execution,
To be returnable to first day of next term,

To be returned by the sheriff three days before the term to
which they are returnable,

191

199

165

171

291

ib.

41

Forms of the several writs of execution, and their returns,
To be issued on joint judgments, as against a several defendant,
Clerks shall endorse on executions a bill of the costs,

157-8-9

159

163, 191

If the first be not returned and executed, a second may issue,
In what cases new or alternative writs of execution, are allowed
for partial satisfaction, &c.,

159

159, 161

On writ of elegit, defendant shall have the election of lands to
be extended,

If tenant by elegit be evicted before full satisfaction, he may
have sci. fa. to revive his judgment, and sue out execution
for the residue,

162

159-160

Where lands have been omitted out of the extent, judgment not
to be void,

160

Fi. fa. may issue where person dies in prison, charged in exe-
cution,

ib.

Persons discharged from execution by privilege, shall return
when privilege ceases,

But not to reach lands, &c. sold bona fide after judgment for the
payment of creditors,

Names of slaves shall be certified on the execution, and record-
ed in court,

Fi. fa. not to be levied on slaves, for sums under one hundred
dollars, if other property be produced,

ib.

161

Venditioni exponas may issue to sell goods taken by fi. fa. and
not sold,

Form of a venditioni exponas,

Sheriff shall provide sustenance for slaves and live stock taken
in execution,

Defendant arrested on ca. sa. may discharge his body by ten-
dering personal property to the amount of the execution,
Proceedings in such cases,

Sheriffs shall levy all executions placed in their hands, make
sale of property, and pay the proceeds to the party entitled
to receive it,

Shall levy on the property of the principal first,

Shall receipt for money paid them, and endorse the items of
satisfaction on the execution,

Surplus of sales shall in all cases be paid to the defendant.
When an injunction is obtained, after levy, the money shall be
returned to the defendant,

Lands of nonresidents, how subject to execution,

All lands liable to satisfy executions from courts of record, .

EXECUTIONS, FROM COURTS OF RECORD- -Continued.

Lands of estate where personal property is insufficient to pay
debts, how subjected to execution by judgment creditors,
Property levied on, shall be released on tender of other pro-
perty,

How to proceed in cases of supposed fraudulent conveyance,
In what cases the judges are authorized to supersede execu-
tions,

156

163

167

165, 246

Executions from court of record shall bind property of goods
from date of delivery to the officer,

Sheriff, &c. shall endorse on all executions when received, and
satisfy them in the same order,

Execution docket, how kept by the clerk, and what to specify,
Clerk shall enter returns of executions in docket, within three
days after made, or be liable to a motion,

165

166

83-4

ib.

Shall keep execution docket on clerk's table, the whole term-
penalty for failure,

84

Priority of executions,

165-6

166

ib.

ib.

167 to 171

Priority may be forfeited by refusing to indemnify the officer,
Property on leased premises, and crop raised thereon, how lia-
ble to execution,

What property is exempt from execution,

Right of property executed, how tried,

Proceedings for trial of the right of property, not to prevent at
levy on other property,

Property levied on may be released, on defendant's executing a
forthcoming bond,

Proceedings in case of forfeiture of bond,

Certain persons not allowed the privilege of giving forthcoming
bonds,

For failing to levy execution, make sale of property, and

For not levying money on execution, when practicable,
For making a false return,

163, 164

173, 279

173, 174

199, 200

175

174-5

Court may attach officers failing to return execution, or to pay
over money recovered,

EXECUTIONS, FROM JUSTICES OF THe peace.

Shall not issue until five days after judgment, unless plaintiff
makes oath that he is in danger of losing his debt by delay,
Judgment not exceeding twenty dollars, may be stayed thirty
days; over twenty dollars, sixty days, the defendant giving
bond,

Shall be executed and returned by a constable,
Levied on lands, to be returned to the circuit court-proceed-
ings thereon,

175

295

294-5

300

Issued to another county, how certified,

In such cases to be returnable not less than thirty nor more than
ninety days from issuance,

Constable shall not take defendant's body for want of goods,
Justice shall not issue ca. sa. unless expressly required by the
plaintiff,

EXECUTIONS, FROM JUSTICES OF THE PEACE—Continued.

Constable shall release defendant's body, on tender of sufficient
property,

Execution shall be a lien on property from the time of levy,
Constable shall endorse on executions when received; and if
against the same individual, the order in which received,
Shall satisfy executions in order of priority; and if property is
insufficient, divide the proceeds among executions received at
the same time,

Shall receipt for money paid, and endorse items of satisfaction
on execution,

Right of property executed by constable, how tried and the pro-
ceedings thereon,

How tried when the execution has come from another county,
Constable may take forthcoming or delivery bond,

Delivery bond to be payable to the plaintiff,

Proceedings on forfeiture of delivery bond,

165

166

ib.

ib.

164

168

170

172

54

172

170

175

175, 300

176

Proceedings on forfeiture of delivery bond, when the execution

PROCEEDINGS AGAINST CONSTABLES HOLDING EXECUTIONS.

For failing to return execution,

For failing to make money on an execution, when practicable,
EXECUTION, SPECIFIC.

May be decreed by the circuit courts in chancery, and writ of
possession awarded,

EXECUTORS AND ADMINISTRATORS.

Probate of wills and granting letters testamentary shall apper-
tain to the county court,

ib.

287

248, 251
449
ib

Of the county where the testator had a known residence,
If no residence, then of any county where lands are devised,
If there be neither known residence nor devise of lands, then
in the county where he died, or where the greater part of the
estate lies,

Or the county where any part of the goods and chattels, or
debtors may be,

Granting letters of administration shall belong to the county
court of the county where the intestate had a mansion or
known residence, or if he had none, to the court of the coun-
ty in which he died, or in which the greater part of the es
tate lies,
Or of the county in which any part of the estate and debtors
may be,

Oath may be administered by the clerk in vacation,

252

Their bond,

177

Shall be payable to the chief justice of the county court, and
his successors in office,

177,

249

Bond, how proceeded upon,

177

On application for probate, or letters, a citation shall issue to the
widow or next of kin,

251

Administrators may be appointed in cases of intestacy, and
where the executors appointed by will renounce the executor.
ship, or neglect for forty days to exhibit the will for probate, 176-7

EXECUTORS AND ADMINISTRATORS—Continued.
Administration shall be granted,

1. To the widow of the deceased,

2. To the next of kin, or some of them,

3. To the principal creditor or creditors,

4. In default of them, to such other person or persons as
will accept it,

5. In default of all others, or in case of vacancy, then to
the sheriff or coroner, officially,

An administrator with limited authority may be appointed,
Persons aggrieved by an order of the county court respecting
letters testamentary or of administration, may appeal to the
circuit court-proceedings in such cases,

Court may appoint administrator ad colligendum,
Suits commenced by administrator ad colligendum, shall pro-
ceed for the use of the administrator in chief,
Executors and administrators shall have jurisdiction over the de-
cedent's estate, in any county in this state,

Not liable to be sued until six months after probate of the will,
or grant of letters of administration, .
Nor any suit to be commenced or sustained against them, after
reporting the estate insolvent, (except for last sickness and
funeral expenses,) unless they consent to be sued,
Suits commenced by or against executors or administrators, to
inure to their successors,

177

ib.

ib.

ib.

179

ib.

250

178

What contracts by executors and administrators are required to
be in writing,

Liable to creditors for their respective shares after the appor-
tionment of insolvent estates,

Decrees on final settlement of their accounts to have the effect
of judgments, and each distributee or devisee may sue out
execution for his part,

Guilty of a devastavit, if they do not apply for leave to sell lands
within three months after reporting the estate insolvent,
Shall pay interest on money of testator, &c. applied to their own

use,

Shall return a sworn inventory of the estate within three months
after the appointment, and an account of sales in three months
after they are made,

Executor shall administer estate not included in the will, as in
case of intestacy,

449

Wills, inventories, and accounts, shall remain in the clerk's of-

fice,

250

All documents relating to settlements with the court, to be re-
corded and preserved,

252

Court shall appoint appraisers of the estate, who shall return ap-
praisement on oath,

179

Appraisement subscribed and sworn to by executor or adminis-
trator, to be prima facie evidence of the value of the estate,
County court to audit accounts and report the same for allow-
ance to the next term,

Judge to give forty days' notice of intended presentation,
And may render judgment for printer's fees,

How to obtain order of sale of lands when the personal estate
and dues are insufficient to pay the debts, or for the purpose
of making a more equitable division among the heirs,
Proceedings thereon,

ib.

182

252

ib.

180, 181

181-2